Section 84: Power of appropriate Government to make rules

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 84

Section 84 confers delegated legislative power upon the Appropriate Government to make State RERA Rules for carrying out the provisions of the Act within six months of commencement.

  • Rule-Making Power: Appropriate Government may, by notification, make rules for carrying out all or any of the provisions of RERA.
  • Mandatory Topics: Rules govern registration forms, fees, disclosures, agreement for sale format, salary of members, inquiry procedures, and execution mechanisms.
  • Six-Month Statutory Deadline: Government was mandated to notify rules within 6 months of the commencement of Section 84.
  • Subordinate Legislation Limit: Rules cannot override, dilute, or abrogate the mandatory substantive protections granted to allottees by Parliament under the Act.
Key Landmark Precedents:
  • Forum for People's Collective Efforts v. State of West Bengal, (2021) 8 SCC 599: The Supreme Court struck down West Bengal's parallel housing statute (WB-HIRA) as unconstitutional, holding that Parliament occupied the entire field under RERA and State Governments can only frame subordinate rules under Section 84 without diluting central protections.
  • State of U.P. v. Babu Ram Upadhya, AIR 1961 SC 751: Settled that rules made under a statute have statutory force but must strictly conform to the parent legislative mandate.
Courtroom Practice & Strategic Litigation Guidance:

If a State Rule attempts to dilute Section 18 refund rights or grant builders unauthorized grace periods, challenge that specific rule in the High Court as ultra vires Section 84 read with Section 89.